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2019 DIGILAW 1650 (JHR)

Rajesh Kumar Singh v. State Of Jharkhand

2019-09-17

ANUBHA RAWAT CHOUDHARY

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JUDGMENT Anubha Rawat Choudhary, J. - Heard counsel for the parties. 2. Counsel for the appellant submits that this appeal has been filed against the judgment of conviction dated 11.03. 2019 and order of sentence dated 12.03.2019 passed by Addl. Sessions Judge,1st cum Spl. Judge, FTC Bokaro in Spl POCSO Case No. 82 of 2018, whereby the appellant has been found guilty under Section 354B IPC & 506 IPC and under Section 12 of the POCSO Act and has been awarded sentence 2 years rigorous imprisonment with fine of Rs. 5,000/- under Section 12 of the POCSO Act instead of Section 354D of the Indian Penal Code. 3. Counsel submits that vide order dated 12.03.2019, the provisional bail was granted to the appellant for the period of one month and the present appeal was filed on 15.04.2019 and by the time the case was taken up by this court, period of provisional bail has already expired. Accordingly, the appellant has surrendered before the learned court below and surrender certificate has been annexed along with the supplementary affidavit dated 06.09.2019. Counsel for the appellant submits that the appeal may be admitted for final hearing, lower court records be called for and the appellant may be enlarged on bail for which I.A. No. 8560 of 2019 has been filed. 4. Counsel for the State has opposed the prayer for bail of the appellant. 5. After hearing counsel for the parties and after considering the materials on record this court finds that provisional bail was granted to the appellant on 12.03.2019 for a period of one month but by the time case was taken up by this court, the period of provisional bail had expired and accordingly the appellant has surrendered before the learned court below and is in judicial custody for which supplementary affidavit has been filed vide affidavit dated 06.09.2019 annexing the copy of the surrender certificate. 6. Considering the aforesaid facts and circumstances of this case the appellant is directed to be released on bail and his sentence is suspended upon furnishing bail bond of Rs. 25,000/- (Rs. Twenty five Thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge,1st cum Spl. Judge, FTC Bokaro in Spl POCSO Case No. 82 of 2018. 7. I.A. No. 8560 of 2019 stands disposed of. 8. Admit. 9. 25,000/- (Rs. Twenty five Thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge,1st cum Spl. Judge, FTC Bokaro in Spl POCSO Case No. 82 of 2018. 7. I.A. No. 8560 of 2019 stands disposed of. 8. Admit. 9. Call for the lower court records from the court of Addl. Sessions Judge,1st cum Spl. Judge, FTC Bokaro in Spl POCSO Case No. 82 of 2018. 10. Post this case on 06.01.2020 under appropriate heading. 11. Let a copy of this order be communicated to the court